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Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision?

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  • Veale, Michael

    (University College London)

  • Nouwens, Midas
  • Santos, Cristiana

Abstract

Michael Veale, Midas Nouwens and Cristiana Santos, ‘Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision?’ (2022) 2022 Technology and Regulation 12. On 2 February 2022, the Belgian Data Protection Authority handed down a decision concerning IAB Europe and its Transparency and Consent Framework (TCF), a system designed to facilitate compliance of real-time bidding (RTB), a widespread online advertising approach, with the GDPR. Here, we summarise and analyse this large, complex case. We argue that by characterising IAB Europe as a joint controller with RTB actors, this important decision gives DPAs an agreed-upon blueprint to deal with a structurally difficult enforcement challenge. Furthermore, under the DPA’s simple-looking remedial orders are deep technical and organisational tensions. We analyse these “impossible asks”, concluding that absent a fundamental change to RTB, IAB Europe will be unable to adapt the TCF to bring RTB into compliance with the decision.

Suggested Citation

  • Veale, Michael & Nouwens, Midas & Santos, Cristiana, 2022. "Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision?," SocArXiv mj7xu, Center for Open Science.
  • Handle: RePEc:osf:socarx:mj7xu
    DOI: 10.31219/osf.io/mj7xu
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    Cited by:

    1. Cobbe, Jennifer & Veale, Michael & Singh, Jatinder, 2023. "Understanding Accountability in Algorithmic Supply Chains," SocArXiv p4sey, Center for Open Science.

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